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RECORD OF COUNCIL ACTIONS/DISCUSSIONS
August 12, 1987
NOTICE OF SPECIAL MEETING
CITY COUNCIL
TAMARAC, FLORIDA
There will be a Special Meeting of the City Council on
Tuesday, August 18, 1987, at 2:00 P.M. in the Council
Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida.
The subject of the meeting is to interview applicants for the
position of City Attorney:
David L. Kessler 2:00 P.m.
Elaine M. Gatsos 2:30 P.M.
Richard L. Doody 3:00 P.M.
FINAL ACTION :
After interviews with all three candidates, the City
Council chose Richard L. Doody subject to negotiation of
an acceptable contract. The Mayor, City Manager and
City Attorney were authorized to negotiate a contract
which will be brought to Council for their review.
The City Council may consider and act upon such other
business as may come before it.
All meetings are open to the public.
Carol E. Barbuto
City Clerk
Pursuant toSection 286.0105, Florida Statutes
it a person decides to appeal any decision made by th�., u'�
Council with respect to any matter considered at such t"
hearing, he will need a record of the proceedings and for sucil"
purpose, he may need to ensure that a verbatim record
the testimony and evidence upon which the appeal is to be ba.,�ed.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
TUESDAY, AUGUST 18, 1987
CALL TO ORDER: Mayor Hart called this Special City Council Meeting to order on
V_uesday, August 18# 1987 at 2:05 P.M. in the Council Chambers.
ROLL CALL: Mayor Bernard Hart
Vice Mayor Sydney Stein
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
ALSO PRESENT: John P. Kelly, City Manager
A. Bryant Applegate, City Attorney
Pauline Walaszek, Secretary
The subject of this meeting was to interview applicants for the position of
City Attorney.
Tape Mayor Hart welcomed David L. Kessler and asked him to tell Council about
1 himself and his background.
Mr. Kessler said he served as the Assistant City Attorney for the City of
Hollywood for the past 3 years and during this period, he served as the
Attorney for the Planning and Zoning Boardt General Attorneys Pension Board
and he handled municipal prosecutions and civil litigations on behalf of
the City. He said he had monitored other cases and has a good background
on government law in Broward County.
mayor Hart asked Mr. Kessler to tell Council of the significant court cases
he had worked on as the lead counsel involving local government issues.
Mr. Kessler said he counseled a Large Users Agreement for the City of
Hollywood regarding an ocean Outfall which resulted in a litigation. He
said most litigation he handled for the City related to civil matters
rather than government matters. lie said he handled a case relating to
Wells Fargo and the collection of the City's parking meter revenues result-
ing in a Grand Theft charge towards the collector.
Mayor Hart asked Mr. Kessler to give a description of the type of govern-
ment law he had primarily practiced in.
Mr. Kessler said most of his time with the City had been serving as
Attorney for the Planning and zoning and Pension Boards.
Mayor Hart asked Mr. Kessler if he had been on any regularly appointed
Council or Governmental Board and if so, how long and what Boards.
Mr. Kessler said he served on the Planning and Zoning Board, Pension Board,
and Board of Appeals and Adjustment for the Civil Board.
Mayor Hart asked Mr. Kessler what he would view the most important role as
a City Attorney.
Mr. Kessler said the City Attorney's most important role would be to pro-
vide the most sound legal advice possible for the Council and the City. He
said because of the several options Council would have on matters, it would
be the City Attorney's job to provide the most logical and safe advice for
the City with the legal ramifications available for Council. He said when
Council did make a decision, it would be the City Attorney's position to
defend Council's decision.
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Mayor Hart asked Mr. Kessler if he understood being appointed as the City
Attorney for Tamarac, he would not be allowed to have any clients other
than the City of Tamarac.
Mr. Kessler said he was presently working under the same conditions at the
City of Hollywood.
Mayor Hart asked Mr. Kessler to tell Council about some of the recent
legislation he had drafted.
Mr. Kessler said he had drafted all of the Planning and Zoning legislatio
and recently he drafted amendments to the Pension Plan regarding City Em-
ployees. I
Mayor Hart asked Mr. Kessler how he perceived working with the City Manager
and Department Heads as the fn-House Attorney.
Mr. Kes sler said it would be important to work closely with the City
Manager. He said there had to be unification within the departments and
the City Manager was the Chief Administrative officer. He said the City
Attorney should provide the legal input and documents needed for each
department.
Mayor Hart asked Mr. Kessler if he understood that the City Attorney would
work directly for the City Council and serve as the City Council requested.
Mr. Kessler replied, yes.
Mayor Hart asked Mr. Kessler what his greatest area of strength would be if
he were selected City Attorney.
Mr. Kessler said his greatest area of strength would be his background in
goverment law.
Mayor Hart asked Mr. Kessler to describe, in detail, the most controversi
issue he had encountered as a Government Attorney. I
Mr. Kessler said controversy was not the most major issue, however, the
City of Hollywood has a Boardwalk and there were several issues to be dealt
with regarding the development on the Boardwalk.
Mayor Hart asked Mr. Kessler what he would expect the minimum salary
requirement to be for the City Attorney position.
Mr. Kessler said the position would be a one man operation and based on his
salary at the City of Hollywood he would expect $43,000.00 to $45,000.00.
At this time, Mayor Hart asked Council if they had any questions for Mr.
Kessler.
C/M Hoffman asked Mr. Kessler if he was familiar with Charter Boards and
particularly with the Charter Board of the City of Tamarac.
Mr. Kessler said he had taken the time to read the Charter for the City of
Tamarac.
C/M Hoffman asked Mr. Kessler if he had any feelings regarding the Charter
Board and if needed for advice, would he have any objections to giving it.
Mr. Kessler said the Charter Board served a big part in the options of thi
City and he would not have any objections to complying with the advice
needed by the Charter Board providing the advice would not lead to a con-
flict or litigation towards the City Council.
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C/M Hoffman asked Mr. Kessler how he felt about unionization for municipal
employees.
Mr. Kessler said unions could provide certain benefits for employees, ho;#-
ever, unions could cause friction for management if handled improperly and
if the relationship could be harmonious, a union work place could be good
for the City.
C/M Hoffman asked Mr. Kessler if he had any weaknesses that would reflect
on the position, if he were chosen for City Attorney,
Mr. Kessler said it would take time to learn the lay of the land, however,
because of his experience, his weaknesses would not reflect on the City
Attorney position.
With no further questions from Council or staff, Mayor Hart thanked Mr.
Kessler and said he would be informed of Council's decision.
Mayor Hart welcomed Elaine M. Gatsos and asked her to tell Council about
herself and her background.
Ms. Gatsos said she has lived in Broward County for 10 years and graduated
from law school at Nova University in 1980. She said she currently works
with the law firm of Stewart and Walker and one of her clients is the City
of Coconut Creek. She said she was appointed as the Assistant City Attor-
ney for Coconut Creek in 1983 and the position takes most of her time.
Prior to the appointment, she had been employed with the law firm of
Anthony Titone and worked assisting him. She said she did municipal work
for the City of Lauderhill. She said she grew up in Indiana and attended
Purdue University which she majored in political science. She said she had
been involved with the democratic party and was the president of the young
democrats. She said she was interested in sports such as golf and tennis.
She said her career is very important to her and she would like to advance
as much as she can because of her interest in municipal law.
Mayor Hart asked Ms. Gatsos to tell Council of the significant court cases
she had worked on as the lead counsel involving local government issues.
Ms. Gatsos said there had been a conflict with Broward Community College
over an Ingress/Egress located in Coconut Creek regarding the college
complying with the restrictions the City imposed. She said the college
sued the City seeking an injunction to prevent the City from imposing any
restrictions and was lead counsel in the case. She said she was lead
counsel for the City of Coconut Creek regarding foreclosures and prosecu-
tions. She said as co -counsel with Mr. Stewart, she was involved with
major litigations titled Section 1983 (Federal Civil Rights Act) brought
against the City by a developer for a stop work order. She said the case
resulted in a verdict against the City in the amount of 2.5 million which
is presently being appealed. She said she had been involved in construc-
tion litigation such as the deficit litigation which the City was not
insured and as lead counsel, she was proud to say the case was successful.
She said she had been involved in minimal employee situations and had been
co -counsel on arbitration matters.
Mayor Hart asked Ms. Gatsos to give a description of the type of govern-
ment law she had primarily practiced in.
Ms. Gatsos said she has worked with the City of Lauderhill and Coconut
Creek. She said she has drafted Resolutions and ordinances for the Cities
and attends staff meetings with all the departments of the City. She said
she has drafted contracts, negotiations, attended Council meetings, been
involved with the Community Development Department and drafted the waste
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J
water agreements. She said she is heavily involved in the redrafting of
the land development code regulations and she has just finished recodi-
fying all the Oridinances for the City of Coconut Creek and she also
advises the Code Enforcement Board.
Mayor Hart
asked Ms. Gatsos if she had been on any regularly appointed
Council or
Governmental Board and if so, how long and what Boards.
Ms. Gatsos
said she only counseled and advised City
boards.
mayor Hart
asked Ms. Gatsos what she would view the
most important role as
a City Attorney.
Ms. Gatsos
said as any attorney/client relationship,
it would be her job
as the City
Attorney to protect the Council and the
City legally.
Mayor Hart asked Ms. Gatsos if she understood being appointed as the City
Attorney for Tamarac, she would not be allowed to have any clients other
than the City of Tamarac.
Ms. Gatsos said it would be a different position than she currently holds,
however, the City of Tamarac as a growing city, would allow her no other
time for other clients.
Mayor Hart asked Ms. Gatsos to tell Council about some of the recent
legislation she had drafted.
Ms. Gatsos said she has recently drafted the pit bull ordinance for the
City of Coconut Creek and recodified all the previous ordinances for that
City.
Mayor Hart asked Ms. Gatsos how she perceived working with the City Manager
and Department Heads as the In -House Attorney.
Ms. Gatsos said she would not consider herself working for the City Manage
but with the City Manager and the Department Heads to protect Council and
the City. she said she would prefer working closely with the City Manager
and the Department Heads so she would be aware of all the activities in-
volving the City.
Mayor Hart asked Ms. Gatsos if she understood that the City Attorney would
work directly for the City Council and serve as the City Council requested.
Ms. Gatsos replied, yes, absolutely.
Mayor Hart asked Ms. Gatsos what her greatest area of strength would be if
she were selected City Attorney.
Ms. Gatsos said her experience in drafting ordinances, legislation and con-
tracts. She said she would have the ability to see a situation that exist-
ed and create the best legislation for Council. She said her experience in
land use development would benefit the City's needs.
Mayor Hart asked Ms. Gatsos to describe, in detail, the most controversial
issue she had encountered as a Government Attorney.
Ms. Gatsos said the Broward Community College was her most controversial
case.
Mayor Hart asked Ms. Gatsos what she would expect the minimum salary
requirement to be for the City Attorney position. I
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Ms. Gatsos said with her 7 years experience and all the municipal work she
had done, $65,000.00 would be expected which would include any prosecutions
and litigations the City did not want to farm out.
At this time, Mayor Hart asked the press if they would not stress the
expected wages the interviewers were requesting. He then asked Council if
they had any questions for Ms. Gatsos.
C/M Hoffman asked Ms. Gatsos if she was familiar with Charter Boards and
particularly with the Charter Board of the City of Tamarac. If so, what
were her feelings regarding the Charter Board and if needed for advice,
would she have any objections to giving it.
Ms. Gatsos said she believed -a City Charter was the Declaration of Indep-
endence for the City it was serving and it may not be a negative board to
have for a City. She said the only conflict she would have on advising the
board would be if the City Council did not agree upon the matter. Her
personal opinion was she thought it would be difficult for the City Council
not to have any input on the documents it had to live by.
C/M Hoffman asked Ms. Gatsos how she felt about unionization for municipal
employees.
Ms. Gatsos said by past experience, she did not have any objections to
having a union providing it worked with the management of the City.
C/M Hoffman asked Ms. Gatsos if she had any weaknesses that would reflect
on the position, if she were chosen for City Attorney.
Ms. Gatsos said the labor laws would be her weakness because of her lack
of experience in dealing with the laws.
C/M Stelzer asked Ms. Gatso if she was employed by the City of Coconut
Creek.
Ms. Gatsos said she was appointed as Assistant City Attorney for the City
of Coconut Creek, however, she was not on their payroll.
With no further questions from Council or Staff, Mayor Hart thanked Ms.
Gatsos and said she would be informed of Council's decision.
Ta pe Mayor Hart welcomed Richard L. Doody and asked him to tell Council about
2 himself and his background.
Mr. Doody said he was presently the Assistant General Counsel with the
Board of County Commissioners of Broward County. He said he has lived in
Broward County since 1960 and he was originally born in St. Louis,
Missouri. He said his primary duties at the County are in land use, zoning
and water issues. He said he had worked for the County for 5 years and
prior to the County, he worked for a law firm in the City of Oakland Park.
He said as a part time employee he had worked for the City of Margate and
when he came to the County in 1982, he was hired as a law clerk for 3
months and then he was promoted to the Assistant General Counsel. He said
he was the legal counsel for the Broward County Code Enforcement Board for
2 years and he sits with the Water Resource Advisory Board and advises them
of the Wellfield Protection ordinance and the Water Resource Management and
Supply issues. He said he was involved and drafted amendments of the Well -
field Protection ordinance. He said he has handled litigation on behalf of
the City and his latest case involved Broward County and the Dollhouse III
Adult Theatre. He said he has handled three litigation issues regarding
Broward County and the City of Sunrise and he has handled numerous annex-
ation issues. He said he presently advises the County's Planning and
Zoning Board and has done so for 3 years.
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Mayor Hart asked Mr. Doody to tell Council of the significant court cases
he had worked on as the lead counsel involving local government issues.
Mr. Doody said he handled a number of litigation cases for Planning and
Zoning. He said he was particularly proud of annexation cases and in 1984,
the Bonaventure annexation with the City of Sunrise which he handled in all
courts. He said the Dollhouse III case involves several first amendment
issues and the County's right to assign zoning restrictions. He said he
would like this case to have a nationwide impact regarding night clubs.
Mayor Hart asked Mr. Doody to give a description of the type of govern-
ment law he had primarily practiced in. I
Mr. Doody said his strongest area would be in land use and zoning. He said
he presently works in an office with 23 Attorneys and the issues are run
by the office as a whole; therefore, all of local government issues were
covered. He said his particular area of expertise is zoning. He said
Arvida Corp was an issue he was working closely with which involved plats
and zoning which the local government was involved with.
Mayor Hart asked Mr. Doody if he had been on any regularly appointed
Council or Governmental Board and if so, how long and what Boards.
Mr. Doody said since 1983 and currently in the position he holds on the
Broward County Planning & zoning Board which makes the final recommend-
ations for the Board of County Commissioners. He said for 2 years he was
regularly on the Broward County Code Enforcement Board. He said currently
he was legal counsel for the Broward County Water Supply Advisory Board
which advises municipal and county officials on plans for water supply. He
said he is legal counsel for the Broward County Water Resource and Advisory
Committee which involves issues on Wellfield protection and its application
nationwide.
Mayor Hart asked Mr. Doody what he would view the most important role as
a City Attorney.
Mr. Doody said it would the City Attorney's responsibility to keep the
City out of trouble and out of court. He said the City Attorney should
anticipate any potential legal problems the City may come across and to
guide the City Council away from any possible problems.
Mayor Hart asked Mr. Doody if he understood being appointed as the City
Attorney for Tamarac, he would not be allowed to have any clients other
than the City of Tamarac.
Mr. Doody replied, yes.
Mayor Hart asked Mr. Doody to tell Council about some of the recent
legislation he had drafted.
Mr. Doody said he has drafted all of the Broward County zoning legislation
for the last 4 years and all of the Wellfield Protection legislation for
the last 2 years. He said he had been involved with a recent state
legislation involving mobile homes and zoning provisions.
Mayor Hart asked Mr. Doody how he perceived working with the City Manager
and Department Heads as the In -House Attorney.
Mr. Doody said from his experience working with the County, the City of
Oakland Park and the City of Margate, he believes it would be very impor�--,
tant to work with the City Manager and Department Heads and to provide them
with sound legal advice when needed.
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17
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Mayor Hart asked Mr. Doody if he understood that the City Attorney would
work directly for the City Council and serve as the City Council requested.
Mr. Doody replied, yes.
Mayor Hart asked Mr. Doody what his greatest area of strength would be if
he were selected City Attorney.
Mr. Doody said his greatest strength would be in land use, zoning and water
issues.
Mayor Hart asked Mr. Doody if there would be a problem drawing up required
documents needed by the City such as Resolutions or Ordinances.
Mr. Doody replied, no.
mayor Hart asked Mr. Doody to describe, in detail, the most controversial
issue he had encountered as a Government Attorney*
Mr. Doody said the annexation proposal caused controversy nationwide and
the Dollhouse III issue which is controversial with the residents and
the County.
Mayor Hart asked Mr. Doody what he would expect the minimum salary
requirement to be for the City Attorney position.
Mr. Doody said $45,000.00 would be his minimum amount.
At this time, Mayor Hart asked Council if they had any questions for Mr.
Doody.
C/M Hoffman asked Mr. Doody if the City wished to embark in an annexation
program would he assist the City in doing so.
Mr. Doody replied, yes. He said he was very involved with annexation
issues at the present time.
C/M Hoffman asked Mr. Doody if he was familiar with Charter Boards and
particularly with the Charter Board of the City of Tamarac. If so, what
were his feelings regarding the Charter Board and if needed for advice,
would he have any objections to giving it.
Mr. Doody said he was not familiar with the Charter Board other than
reading about it in the newspapers, however, he understands the Charter
Board has a higher power profile in the City of Tamarac than in other
Cities. He said providing there would not be a conflict with the City
Council and if the City Council deemed it appropriate, he would have no
objections to advising the Charter Board.
With no further questions from Council or Staff, Mayor Hart thanked Mr.
Doody and said he would be informed of Council's decision.
Mayor Hart suggested Council discuss the interviews at this time.
C/M Hoffman said he believed all of the applicants were qualified for the
job,-jlowever, he would pick Mr. Doody because of his past experience in
goverronent issues. He said the City could use Mr. Doody's expertise.
C/M Rohr said he agreed with C/M Hoffman in choosing Mr. Doody. He said
the City could use his expertise.
V/M Stein said of the three interviews, Mr. Doody did not have any munici-
pal experience, however, he did not have any objections with Mr. Doody
being the City Attorney for the City of Tamarac.
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City Attorney Applegate said his experience with the County was the same as
a municipal attorney; therefore, being Mr. Doody did not have municipal
experience it would not interfere with the City Attorney position. He said
he felt Mr. Doody's expertise in zoning, planning and annexation would
benefit the City.
V/M Stein said he agrees appointing Mr. Doody would be good, however, he
was worried that Mr. Doody would need to review and understand the
municipal obligations.
C/M Hoffman said Ms. Gatsos wanted too much for a starting salary and said
Mr. Doody would serve the City best with his experience, I
C/M Stelzer said his only question would be why Mr. Doody would be stepping
down from the County.
City Attorney Applegate said Mr. Doody worked in an office that consisted
of 23 attorneys and he may be listed as attorney #15, therefore, it would
not be a step down, it would be a step up.
V/M Stein said Mr. Kessler and Ms. Gatsos were Assistant City Attorneys and
took orders from the City Attorney, however, Mr. Doody had been legal
counsel for the Planning and zoning Board, Code Enforcement and many other
Boards which proves he would have expertise in making decisions; there-
fore, Mr. Doody would be very qualified for the position.
Mayor Hart said financial issues did not concern him. His concern would be
in the future, if the City of Tamarac decided to use an outside attorney
instead of an in-house attorney. He said after numerous discussions with
other attorneys and a prominent judge, it had been unanimous that Mr. Doody
would best fit the needs of the City of Tamarac because of his connections
with the County and his experience. Mayor Hart asked City Manager Kelly
who he would choose.
City Manager Kelly said he was very impressed with Mr. Doody's qualifi-
cations and he believed Mr. Doody would be an asset to the City. I
Tape Mayor Hart asked City Manager Kelly and City Attorney Applegate to create
3 a contract appointing Mr. Doody as City Attorney for the City of Tamarac.
He said with Council's approval, he would like to assist City Manager Kelly
and City Attorney Applegate with the contract and he would call a special
meeting for Council approval.
C/M Stelzer MOVED to APPROVE Mayor Hart, City Manager Kelly and City Attor-
ney Applegate preparing a contract which would appoint Mr. Doody as the
City Attorney for the City of Tamarac, providing the contract be brought
back to Council for Approval, SECONDED by V/M Stein.
VOTE:
Mayor Hart adjourned this meeting at 4:30
Em WM
CAROL E. BARBUTO, CITY CLERK
ALL VOTED AYE:
P.M;9'4J 14/_/
,�,S_E_RNXRb -H-AR-T,' MAYOR
"This public document was promulgated at a cost of $28.80 or $3.60 per copy to
inform the general public and public officers and employees of recent opinions
and considerations by the City Council of the City o6,fya61p "
TAMARAC
PAGE 8 APPROVED AT MEETING OF
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City Clerk
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